Texting/Distracted Driving Laws in Pennsylvania
Distracted driving, particularly texting while driving, has become a major safety concern. Pennsylvania has implemented strict laws to combat distracted driving, aiming to make the roads safer. If you’ve been in a car accident due to a distracted driver, it's essential to understand these laws with the help of a car accident attorney.
At Goldberg, Goldberg & Maloney, we are committed to representing victims of distracted driving accidents in West Chester, Pennsylvania. We understand how devastating these accidents can be and are dedicated to helping you seek justice and compensation. Let’s explore the laws surrounding distracted driving in Pennsylvania and how they affect drivers and victims.
The Dangers of Texting and Distracted Driving
Texting while driving is one of the most dangerous forms of distracted driving. In fact, texting requires the driver to take their eyes off the road, hands off the wheel, and mind off driving. According to the National Highway Traffic Safety Administration (NHTSA), texting while driving increases the risk of a car accident by 23 times compared to driving without distractions.
Distractions come in many forms, but texting is particularly dangerous because it combines manual, visual, and cognitive distractions all at once. These distractions severely reduce a driver's ability to make quick decisions and react to changes in traffic conditions, increasing the likelihood of accidents.
Pennsylvania’s Texting While Driving Law
Pennsylvania’s law regarding texting while driving is clear: it is illegal to send, read, or write a text message while driving a vehicle. Pennsylvania’s texting law covers any type of electronic communication, including text messages, emails, and even posting on social media while driving.
Here are the key points of the texting while driving law in Pennsylvania:
No texting while driving: Drivers are prohibited from using their phones or other devices to send, read, or write text messages while behind the wheel.
Exceptions: There are a few exceptions to the law. For example, drivers can use their phones in cases of emergency or to report a crash or traffic hazard.
Fines: Drivers caught texting while driving can face fines up to $50 for a first offense. Additional penalties may apply if the driver is involved in an accident while texting.
Points on your driving record: While texting violations do not add points to a driver's license, if an accident occurs because of texting, the driver could face increased penalties and be held responsible for damages.
This law is in place to help curb distracted driving and reduce the number of preventable accidents on the roads in Pennsylvania.
How Distracted Driving Affects Car Accident Cases
When an accident occurs because of a distracted driver, it can significantly impact the car accident case. The victim may have more substantial evidence to prove negligence, as distracted driving is a clear violation of Pennsylvania law.
As a car accident attorney in Pennsylvania, we can help you gather evidence to support your case. This can include:
Text message records: A driver’s cell phone records can be subpoenaed to show if they were texting or using their phone at the time of the accident.
Witness testimony: Witnesses who saw the driver texting or distracted can provide valuable statements to support your case.
Police reports: A police officer who arrives at the scene may note distracted driving behavior in their report, providing further evidence to support your claim.
By working with a skilled car accident attorney, you can hold the distracted driver accountable for their actions and can seek compensation for any injuries or damages.
Distracted Driving and Insurance Claims
One of the most common questions victims of distracted driving accidents have is how texting and other distractions affect their insurance claims. If the distracted driver caused the accident, their insurance policy should cover your damages, including medical expenses, property damage, and more.
To make sure that you receive compensation, your attorney can help by:
Proving liability: By demonstrating that the other driver was texting or otherwise distracted at the time of the accident, your attorney can make a strong case for liability.
Collecting evidence: Your attorney will help collect cell phone records, witness statements, and police reports to establish the other driver’s distraction as the cause of the accident.
Dealing with insurance companies: Insurance companies may try to argue that the accident wasn’t entirely the other driver’s fault. Having an experienced car accident attorney on your side will help you combat these tactics and make sure you get fair compensation.
Insurance companies know that texting and driving laws exist, and they may try to use this information to reduce your payout. Working with an attorney who understands how to handle distracted driving claims will give you a good chance to secure the compensation.
How Law Enforcement Handles Distracted Driving Cases
When law enforcement officers respond to a distracted driving accident, they typically assess the situation by examining the circumstances surrounding the crash. Officers are trained to look for signs of distracted driving, which may include:
Observing the driver’s behavior: If a driver is seen texting or using their phone in a way that suggests distracted driving, law enforcement will document this as part of their investigation.
Checking the driver’s cell phone: In some cases, officers may ask the driver to hand over their phone for examination. This could provide evidence that the driver was texting at the time of the accident.
Accident reconstruction: Officers may use accident reconstruction techniques to determine the cause of the crash, which can help establish distracted driving as a factor.
Law enforcement plays a vital role in distracted driving cases. They gather the evidence needed to help victims pursue claims against negligent drivers.
Legal Consequences for Distracted Drivers
Distracted driving carries serious legal consequences in Pennsylvania. Not only can it lead to significant fines, but if texting leads to an accident, the driver may also face civil lawsuits. If the victim suffers severe injuries, the driver may be required to compensate the victim for damages such as:
Medical expenses: Including hospital bills, rehabilitation, and ongoing care.
Lost wages: If the victim cannot return to work due to their injuries, they may be entitled to compensation for lost income.
Pain and suffering: Victims may be awarded compensation for the emotional and physical toll the accident took on their lives.
Property damage: This covers the cost of repairing or replacing any vehicles or other property damaged in the crash.
If a driver is found guilty of causing an accident due to distracted driving, they could also face criminal charges, especially if the accident caused serious bodily injury or death. While distracted driving is typically considered an infraction, criminal charges are possible depending on the severity of the accident.
Why You Need a Car Accident Attorney for Distracted Driving Cases
If you’ve been injured in a car accident caused by a distracted driver, it’s important to have a car accident attorney who understands the nuances of distracted driving laws. A skilled attorney can help you:
Investigate the case thoroughly: Your attorney will work to collect evidence, including cell phone records, witness statements, and police reports, to build a strong case.
Fight for fair compensation: A car accident attorney will fight for you, making sure that you’re not taken advantage of by insurance companies.
Provide legal guidance: If the case involves criminal charges or other intricate legal issues, your attorney will guide you through the process and advocate for your interests.
At Goldberg, Goldberg & Maloney, we are committed to helping victims of distracted driving accidents in West Chester, Pennsylvania. Our experienced firm of car accident attorneys will handle every aspect of your case, so you can focus on your recovery.
Contact Us at Goldberg, Goldberg & Maloney Today
Texting and distracted driving are major safety concerns on the roads. With laws in place to combat this dangerous behavior, it’s important for drivers to get help from a car accident attorney to understand the risks and consequences of distracted driving. If you’re in West Chester, Pennsylvania, and you’ve been in a car accident due to a distracted driver, contact us at Goldberg, Goldberg & Maloney today to schedule a consultation.